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Competition
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December 20, 2024
Another Texas Judge Exits X's Advertising Boycott Suit
The second Texas judge to oversee litigation filed by Elon Musk's X Corp. accusing the World Federation of Advertisers and others of conspiring to withhold advertising revenue from the company has recused himself from the case.
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December 20, 2024
Proskauer Beats DQ Bid In NJ Hospital Antitrust Fight
A New Jersey federal judge refused to disqualify Proskauer Rose LLP from defending healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit brought by competitor CarePoint Health Management Associates LLC, saying the present case wasn't substantially related to work the law firm previously did for CarePoint.
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December 20, 2024
RealPage Can't Transfer Enforcers' Rent-Fix Case Out Of NC
RealPage cannot get the government's antitrust case against it moved either to the Tennessee court overseeing similar civil litigation or to Texas, where the rental software maker is headquartered, a North Carolina federal judge ruled Friday.
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December 20, 2024
High Court Bar's Future: Williams & Connolly's Sarah Harris
Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.
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December 20, 2024
NASCAR Wants Jordan Team's Win Paused For Appeal
NASCAR wants to press pause on a court order that stops it from blocking teams that have asserted antitrust claims against the league from its races, telling the judge who handed down the preliminary injunction that it thinks the Fourth Circuit will be on its side.
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December 20, 2024
A Look Back At 2024's Major Securities Litigation Moments
The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.
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December 20, 2024
Fed. Circ. Says Teva Inhaler Patents Can't Be In Orange Book
The Federal Circuit on Friday upheld a decision that Teva Pharmaceuticals improperly listed its asthma inhaler patents in the U.S. Food and Drug Administration's Orange Book, saying that only patents that claim a drug's active ingredient can be included in the database.
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December 20, 2024
Hagens Berman Settles Suit Over Effexor Deal Atty Fees
A pharmaceutical reseller's in-house counsel and founder moved Friday to drop a Mississippi federal court breach of contract suit accusing Hagens Berman Sobol Shapiro LLP of stiffing him on his share of a $13 million attorney fees award from an antitrust class settlement, citing a resolution to the dispute.
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December 20, 2024
Startup Defends AI Antitrust Suit Against Nvidia, Microsoft
Tech startup Xockets defended its monopoly and patent infringement suit against Nvidia and Microsoft Thursday, telling a Texas federal judge that the tech behemoths' motion to dismiss is part of the "standard game plan" when a smaller patent holder alleges infringement by the industry's top players.
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December 20, 2024
Amazon Touted Efforts To Curb Price-Gouging, Shoppers Say
A group of online shoppers said Thursday that Amazon can't dodge litigation alleging price-gouging during the pandemic, arguing that the retail giant's efforts to toss the case are contradicted by earlier public statements "trumpeting" the company's work with Washington's attorney general to enforce the state's consumer protection law against price-gougers.
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December 20, 2024
Medical Records Co. Wants Rival's Antitrust Suit Tossed
Epic Systems Corp. told a New York federal court that an antitrust case lodged by Particle Health Inc. is really just payback for revealing concerns that Particle allowed its customers to inappropriately access personal medical records.
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December 20, 2024
No, Microsoft Isn't Driving DOJ's Google Antitrust Suit: Judge
A D.C. federal judge pushed back Friday on Google's efforts to paint Microsoft as the true plaintiff in the Justice Department's search monopolization lawsuit, casting doubt during a hearing that Google should get even more information about Microsoft's relationship with ChatGPT-maker OpenAI.
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December 20, 2024
The Top Cases Of 2024 In Texas: Year In Review
Texas closed out the year with blockbuster rulings on social media companies’ use of biometric data and the U.S. Securities and Exchange Commission’s expanded definition of a dealer. Here are the biggest decisions out of Texas that topped Law360’s radar this year.
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December 20, 2024
The Most Significant Trade Secrets Cases Of 2024
Insulet Corp. became the latest company to notch a colossal trade secrets award, and a new presidential administration has attorneys wondering what will become of the Federal Trade Commission's pending proposal to ban employee noncompete agreements. Here's a look at trade secrets cases that defined 2024 and what to expect from the FTC in the coming year.
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December 20, 2024
Judge Found Door Market Won't Change Without Factory Sale
A Virginia federal court has rejected Jeld-Wen Inc.'s bid to overturn a landmark order forcing it to sell a door skin factory after finding the $115 million price is fair considering the circumstances and that its rival's plan to open its own factory will not restore competition.
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December 20, 2024
Biggest Washington Decisions Of 2024
Washington courts in 2024 saw a state judge permanently block Kroger's planned $24.6 billion purchase of Albertsons, just about an hour after an Oregon federal judge reached a similar decision, leading the deal to collapse.
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December 20, 2024
NC Lawmaker Chosen To Lead House Communications Panel
Rep. Richard Hudson, R-N.C., has been selected as the next chair of the House Energy and Commerce panel with telecom jurisdiction.
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December 20, 2024
Womble Bond Atty Held In Contempt For Unfixed Falsities
A North Carolina federal judge on Friday temporarily suspended the admission of a Womble Bond Dickinson partner to practice in his district after finding the attorney failed to correct misrepresentations to a Dutch tribunal in parallel litigation involving a software developer and its former Dutch partner.
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December 20, 2024
Sports Merch Cos. Fight Penn State TM Ban And Fee Bids
Two sports merchandise companies found to have infringed The Pennsylvania State University's trademarks slammed the school's motions for attorney fees and a ban on selling the infringing products, saying the former is based on "half-truths and misstatements" and the latter is "breathtakingly broad."
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December 20, 2024
Off The Bench: Jordan's NASCAR Dunk, NIL Attys' Payday
In this week's Off The Bench, Michael Jordan's racing team scores an early-stage win in its antitrust battle with NASCAR, attorneys engineering a historic settlement with the NCAA seek more than half a billion dollars in fees, and the fracas over college sports realignment makes headaches for the Mountain West Conference.
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December 20, 2024
EU Lays Out Apple's Interoperability Requirements
The European Commission unveiled a host of proposed interoperability standards for Apple that would require the company to allow third-party devices to run background operations, automatically switch audio, send and receive files via AirDrop and much more with connected Apple products.
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December 20, 2024
Nvidia Gets European Union's Nod For $700M Run:ai Buyout
The European Commission said Friday it has approved Nvidia Corp.'s reported $700 million bid for Israeli workload management software startup Run:ai Labs Ltd., after concluding the planned buyout will not hinder competition.
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December 20, 2024
UK Finds $35B Software Deal Could Harm Supply Of Chips
The Competition and Markets Authority warned on Friday that the $35 billion acquisition by Synopsys Inc. of another software firm, Ansys Inc., could harm competition for semiconductor chips in the U.K., forcing consumers to pay higher prices for laptops, smartphones and televisions.
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December 20, 2024
Watershed NCAA, UFC Settlements Highlight 2024's 2nd Half
The second half of 2024 saw the sunset of several yearslong lawsuits that will significantly impact the world of sports, including the settlement of the NCAA's name, image and likeness antitrust litigation and the closing of the UFC's legal battle with current and former fighters. Here, Law360 explores the top sports and betting moments from the second half of 2024.
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December 19, 2024
FTC Says PBMs Can't Get Preliminary Block In Insulin Case
The Federal Trade Commission urged a Missouri federal judge Thursday not to temporarily block its in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, arguing Congress clearly empowered such in-house adjudications and the officials who handle them.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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FTC Focus: Private Equity Investments In Healthcare
As the Federal Trade Commission is tightening its scrutiny of private equity investment in healthcare, the agency is finding novel grounds to challenge key focus areas, including rollup acquisitions, the flip-and-strip approach and minority investments in rival providers, say attorneys at Proskauer.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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How 5 States' Deal Notification Laws Are Guiding Healthcare
Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.
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How Orange Book Antitrust Scrutiny Is Intensifying
Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.
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Opinion
OFAC Sanctions Deserve To Be Challenged Post-Chevron
The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.
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Behind The Delay Of Final HSR Premerger Filing Rules
Erin Toomey at Epiq discusses the wait for the final version of the revised Hart-Scott-Rodino premerger filing requirements that were first introduced in June 2023, the factors that might be behind the delay, and how to plan for the potential data-focused rule change
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Opinion
The FTC Needs To Challenge The Novo-Catalent Deal
Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.